# Official Journal L 156/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 156 |
| | |
| English edition | Legislation | Volume 5114 June 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 156

English edition

Legislation

Volume 5114 June 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 533/2008 of 13 June 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 534/2008 of 13 June 2008 fixing the import duties in the cereals sector applicable from 16 June 2008 | 3 |
| | * | Commission Regulation (EC) No 535/2008 of 13 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture | 6 |
| | * | Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation | 10 |
| | * | Commission Regulation (EC) No 537/2008 of 13 June 2008 establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal | 12 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 533/2008 of 13 June 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 534/2008 of 13 June 2008 fixing the import duties in the cereals sector applicable from 16 June 2008

3

*

Commission Regulation (EC) No 535/2008 of 13 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture

6

*

Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation

10

*

Commission Regulation (EC) No 537/2008 of 13 June 2008 establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal

12

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/441/EC |
| | * | Commission Decision of 4 June 2008 on a financial contribution from the Community towards emergency measures to combat avian influenza in Germany in 2007
  (notified under document number C(2008) 2345) | 14 |
| | | 2008/442/EC |
| | * | Commission Decision of 5 June 2008 on a financial contribution from the Community towards measures to combat foot-and-mouth disease in the United Kingdom in 2007
  (notified under document number C(2008) 2348) | 16 |
| | | 2008/443/EC |
| | * | Commission Decision of 5 June 2008 on a financial contribution from the Community towards emergency measures to combat avian influenza in the Czech Republic in 2007
  (notified under document number C(2008) 2350) | 17 |
| | | 2008/444/EC |
| | * | Commission Decision of 5 June 2008 on a financial contribution from the Community towards emergency measures to combat bluetongue in Germany in 2007
  (notified under document number C(2008) 2363) | 18 |
| | | 2008/445/EC |
| | * | Commission Decision of 11 June 2008 fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing year in the framework of the temporary scheme for the restructuring of the sugar industry of the Community
  (notified under document number C(2008) 2557) | 20 |
| | | RECOMMENDATIONS |
| | | Commission |
| | | 2008/446/EC |
| | * | Commission Recommendation of 29 May 2008 on risk reduction measures for the substances: cadmium, cadmium oxide
  (notified under document number C(2008) 2243)

   (
  1
  ) | 22 |
| | | 2008/447/EC |
| | * | Commission Recommendation of 30 May 2008 on risk reduction measures for the substances: benzyl butyl phthalate (BBP), 2-furaldehyde (furfural), perboric acid, sodium salt
  (notified under document number C(2008) 2328)

   (
  1
  ) | 24 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2008/441/EC

*

Commission Decision of 4 June 2008 on a financial contribution from the Community towards emergency measures to combat avian influenza in Germany in 2007
  (notified under document number C(2008) 2345)

(notified under document number C(2008) 2345)

14

2008/442/EC

*

Commission Decision of 5 June 2008 on a financial contribution from the Community towards measures to combat foot-and-mouth disease in the United Kingdom in 2007
  (notified under document number C(2008) 2348)

(notified under document number C(2008) 2348)

16

2008/443/EC

*

Commission Decision of 5 June 2008 on a financial contribution from the Community towards emergency measures to combat avian influenza in the Czech Republic in 2007
  (notified under document number C(2008) 2350)

(notified under document number C(2008) 2350)

17

2008/444/EC

*

Commission Decision of 5 June 2008 on a financial contribution from the Community towards emergency measures to combat bluetongue in Germany in 2007
  (notified under document number C(2008) 2363)

(notified under document number C(2008) 2363)

18

2008/445/EC

*

Commission Decision of 11 June 2008 fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing year in the framework of the temporary scheme for the restructuring of the sugar industry of the Community
  (notified under document number C(2008) 2557)

(notified under document number C(2008) 2557)

20

RECOMMENDATIONS

Commission

2008/446/EC

*

Commission Recommendation of 29 May 2008 on risk reduction measures for the substances: cadmium, cadmium oxide
  (notified under document number C(2008) 2243)

   (
  1
  )

(notified under document number C(2008) 2243)

1

22

2008/447/EC

*

Commission Recommendation of 30 May 2008 on risk reduction measures for the substances: benzyl butyl phthalate (BBP), 2-furaldehyde (furfural), perboric acid, sodium salt
  (notified under document number C(2008) 2328)

   (
  1
  )

(notified under document number C(2008) 2328)

1

24

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 14.6.2008 | EN | Official Journal of the European Union | L 156/1 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/1

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COMMISSION REGULATION (EC) No 533/2008

of 13 June 2008

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,

Whereas:

| (1) | Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 14 June 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 350, 31.12.2007, p. 1.

1

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ANNEX

to Commission Regulation of 13 June 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 71,0 |
| MK | 36,7 |
| TR | 76,5 |
| ZZ | 61,4 |
| 0707 00 05 | JO | 151,2 |
| MK | 23,0 |
| TR | 94,1 |
| ZZ | 89,4 |
| 0709 90 70 | TR | 99,1 |
| ZZ | 99,1 |
| 0805 50 10 | AR | 135,9 |
| EG | 150,8 |
| TR | 129,5 |
| US | 104,2 |
| ZA | 113,3 |
| ZZ | 126,7 |
| 0808 10 80 | AR | 104,9 |
| BR | 84,0 |
| CL | 99,1 |
| CN | 94,3 |
| MK | 63,0 |
| NZ | 112,6 |
| US | 116,4 |
| UY | 80,4 |
| ZA | 78,7 |
| ZZ | 92,6 |
| 0809 10 00 | TR | 199,2 |
| ZZ | 199,2 |
| 0809 20 95 | TR | 463,2 |
| US | 325,4 |
| ZZ | 394,3 |
| 0809 30 10 , 0809 30 90 | EG | 195,5 |
| US | 200,1 |
| ZZ | 197,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

71,0

MK

36,7

TR

76,5

ZZ

61,4

0707 00 05

JO

151,2

MK

23,0

TR

94,1

ZZ

89,4

0709 90 70

TR

99,1

ZZ

99,1

0805 50 10

AR

135,9

EG

150,8

TR

129,5

US

104,2

ZA

113,3

ZZ

126,7

0808 10 80

AR

104,9

BR

84,0

CL

99,1

CN

94,3

MK

63,0

NZ

112,6

US

116,4

UY

80,4

ZA

78,7

ZZ

92,6

0809 10 00

TR

199,2

ZZ

199,2

0809 20 95

TR

463,2

US

325,4

ZZ

394,3

0809 30 10 , 0809 30 90

EG

195,5

US

200,1

ZZ

197,8

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/3 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/3

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COMMISSION REGULATION (EC) No 534/2008

of 13 June 2008

fixing the import duties in the cereals sector applicable from 16 June 2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 10(2) of Regulation (EC) No 1784/2003 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 10(2) of Regulation (EC) No 1784/2003 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation. |
| --- | --- |

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

| (4) | Import duties should be fixed for the period from 16 June 2008, and should apply until new import duties are fixed and enter into force. |
| --- | --- |

(4)

Import duties should be fixed for the period from 16 June 2008, and should apply until new import duties are fixed and enter into force.

| (5) | However, in accordance with Council Regulation (EC) No 1/2008 of 20 December 2007 temporarily suspending customs duties on imports of certain cereals for the 2007/08 marketing year (3), the application of certain duties set by this Regulation is suspended, |
| --- | --- |

(5)

However, in accordance with Council Regulation (EC) No 1/2008 of 20 December 2007 temporarily suspending customs duties on imports of certain cereals for the 2007/08 marketing year (3), the application of certain duties set by this Regulation is suspended,

HAS ADOPTED THIS REGULATION:

Article 1

From 16 June 2008, the import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 16 June 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6). Regulation (EC) No 1784/2003 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  
  OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1816/2005 (OJ L 292, 8.11.2005, p. 5).

2

(3)  
  OJ L 1, 4.1.2008, p. 1.

3

---

ANNEX I

Import duties on the products referred to in Article 10(2) of Regulation (EC) No 1784/2003 applicable from 16 June 2008

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat, high quality | 0,00  (*1) |
| medium quality | 0,00  (*1) |
| low quality | 0,00  (*1) |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | High quality common wheat, other than for sowing | 0,00  (*1) |
| 1002 00 00 | Rye | 0,00  (*1) |
| 1005 10 90 | Maize seed other than hybrid | 0,00 |
| 1005 90 00 | Maize, other than seed (2) | 0,00  (*1) |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 0,00  (*1) |

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00  (*1)

medium quality

0,00  (*1)

low quality

0,00  (*1)

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00  (*1)

1002 00 00

Rye

0,00  (*1)

1005 10 90

Maize seed other than hybrid

0,00

1005 90 00

Maize, other than seed (2)

0,00  (*1)

1007 00 90

Grain sorghum other than hybrids for sowing

0,00  (*1)

---

(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

| — | 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or

| — | 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. |
| --- | --- |

—

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

(*1)  In accordance with Regulation (EC) No 1/2008, application of this duty is suspended.

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ANNEX II

Factors for calculating the duties laid down in Annex I

30.5.2008-12.6.2008

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:











  (EUR/t) |
| --- | --- |
| | Common wheat (*1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (*2) | Durum wheat, low quality (*3) | Barley |
| Exchange | Minnéapolis | Chicago | — | — | — | — |
| Quotation | 251,89 | 164,11 | — | — | — | — |
| Fob price USA | — | — | 292,56 | 282,56 | 262,56 | 155,31 |
| Gulf of Mexico premium | — | 8,03 | — | — | — | — |
| Great Lakes premium | 18,12 | — | — | — | — | — |

1.

(EUR/t)

Common wheat (*1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (*2)

Durum wheat, low quality (*3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

251,89

164,11

—

—

—

—

Fob price USA

—

—

292,56

282,56

262,56

155,31

Gulf of Mexico premium

—

8,03

—

—

—

—

Great Lakes premium

18,12

—

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:






  Freight costs: Gulf of Mexico–Rotterdam: | 48,71  EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | 54,55  EUR/t |

2.

Freight costs: Gulf of Mexico–Rotterdam:

48,71  EUR/t

Freight costs: Great Lakes–Rotterdam:

54,55  EUR/t

---

(*1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(*2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

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| 14.6.2008 | EN | Official Journal of the European Union | L 156/6 |
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14.6.2008

EN

Official Journal of the European Union

L 156/6

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COMMISSION REGULATION (EC) No 535/2008

of 13 June 2008

laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (1), and in particular the third paragraph of Article 23 and Article 24(3) thereof,

Whereas:

| (1) | Regulation (EC) No 708/2007 establishes a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these and any associated non-target species on aquatic habitats. It provides, inter alia, that detailed rules implementing the conditions necessary for adding species to Annex IV to that Regulation are to be adopted. |
| --- | --- |

(1)

Regulation (EC) No 708/2007 establishes a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these and any associated non-target species on aquatic habitats. It provides, inter alia, that detailed rules implementing the conditions necessary for adding species to Annex IV to that Regulation are to be adopted.

| (2) | It is therefore appropriate to establish a transparent procedure in order to assess the requests made by the Member States for the addition of species to Annex IV to Regulation (EC) No 708/2007. In particular, it is necessary to further clarify and define the conditions provided for in Article 24(2) of Regulation (EC) No 708/2007 and to identify the information Member States should provide to support their requests for the addition of species. |
| --- | --- |

(2)

It is therefore appropriate to establish a transparent procedure in order to assess the requests made by the Member States for the addition of species to Annex IV to Regulation (EC) No 708/2007. In particular, it is necessary to further clarify and define the conditions provided for in Article 24(2) of Regulation (EC) No 708/2007 and to identify the information Member States should provide to support their requests for the addition of species.

| (3) | In addition, Regulation (EC) No 708/2007 provides that a specific information system may be developed to allow Member States to share the information contained in the registers concerning alien and locally absent species in aquaculture. |
| --- | --- |

(3)

In addition, Regulation (EC) No 708/2007 provides that a specific information system may be developed to allow Member States to share the information contained in the registers concerning alien and locally absent species in aquaculture.

| (4) | It is therefore necessary to develop common informatics standards and communication language to be used by the Member States in order to share a set of minimum data contained in their national registers of introductions and translocations. Provisions should be laid down to assist the harmonisation of the information systems to be implemented by the Member States. |
| --- | --- |

(4)

It is therefore necessary to develop common informatics standards and communication language to be used by the Member States in order to share a set of minimum data contained in their national registers of introductions and translocations. Provisions should be laid down to assist the harmonisation of the information systems to be implemented by the Member States.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules implementing the conditions necessary for adding species to Annex IV to Regulation (EC) No 708/2007 and regarding the development of a specific information system concerning the permits for the introductions and translocations of alien and locally absent species in aquaculture.

Article 2

For the purposes of Article 24(2) of Regulation (EC) No 708/2007:

| (a) | ‘long time (with reference to its life cycle)’
  shall mean a minimum period of 10 years following the completion of two production cycles; |
| --- | --- |

(a)

‘long time (with reference to its life cycle)’
  shall mean a minimum period of 10 years following the completion of two production cycles;

| (b) | ‘adverse effect’
  shall mean a case where scientific evidence shows that an aquatic species, after its introduction in a certain Member State, cause inter alia, significant:






  (i) | habitat degradation; |
| --- | --- | --- |

(b)

‘adverse effect’
  shall mean a case where scientific evidence shows that an aquatic species, after its introduction in a certain Member State, cause inter alia, significant:

(i)

habitat degradation;

| (ii) | competition with native species for spawning habitat; |
| --- | --- |

(ii)

competition with native species for spawning habitat;

| (iii) | hybridisation with native species threatening species integrity; |
| --- | --- |

(iii)

hybridisation with native species threatening species integrity;

| (iv) | predation on native species' population resulting in their decline; |
| --- | --- |

(iv)

predation on native species' population resulting in their decline;

| (v) | depletion of native food resources; |
| --- | --- |

(v)

depletion of native food resources;

| (vi) | spread of disease and novel pathogens in wild aquatic organisms and ecosystems. |
| --- | --- |

(vi)

spread of disease and novel pathogens in wild aquatic organisms and ecosystems.

Article 3

1.   Member States shall submit requests to the Commission for the addition of species to the list of species set out in Annex IV to Regulation (EC) No 708/2007.

2.   Those requests shall be forwarded to the Commission together with a fact-sheet indicating the following information:

| (a) | the scientific name of the species; |
| --- | --- |

(a)

the scientific name of the species;

| (b) | the geographic distribution; |
| --- | --- |

(b)

the geographic distribution;

| (c) | the habitat and the biology; |
| --- | --- |

(c)

the habitat and the biology;

| (d) | the aquaculture production; |
| --- | --- |

(d)

the aquaculture production;

| (e) | the impact of introductions; |
| --- | --- |

(e)

the impact of introductions;

| (f) | the factors likely to influence spread and distribution; |
| --- | --- |

(f)

the factors likely to influence spread and distribution;

| (g) | coherence with the criteria provided for in Article 24(2) of Regulation (EC) No 708/2007. |
| --- | --- |

(g)

coherence with the criteria provided for in Article 24(2) of Regulation (EC) No 708/2007.

Article 4

1.   Member States shall establish and keep up to date an information system containing details of all requests for permits to introduce an alien species or to translocate a locally absent species. Member States shall fill in for each request for a permit an information sheet setting out the data indicated in the Annex to this Regulation and in accordance with the format set out therein.

2.   Member States shall set up by 31 December 2009 at the latest a website accessible via Internet and containing the information listed in the Annex to this Regulation. The Web site shall follow the guidelines of the ‘Web Accessibility Initiative’.

3.   Member States shall communicate the Internet address of the website to the Commission.

Article 5

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

However, Article 4 shall apply six months after the date of entry into force of the Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2008.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 168, 28.6.2007, p. 1.

1

---

ANNEX

The information sheet referred to in Article 4(1)

The information sheet is to be filled in for a single/multiple (1) movement (introduction/translocation) of an alien/locally absent species

1.   General information

1.1.   Number or reference of the application for a permit:

1.2.   First application: YES/NO, if NO: reference of the previous applications for a permit

| Date of the application for a permit: | dd/mm/yyyy |
| --- | --- |

Date of the application for a permit:

dd/mm/yyyy

1.4.   Data on the species:

1.4.1.   FAO code:

1.4.2.   Common name:

1.4.3.   Scientific name:

1.4.4.   Sub-species (if relevant):

1.4.5.   Additional information:

| Tetraploid: | YES/NO |
| --- | --- |

Tetraploid:

YES/NO

| Fertile artificially hybrid: | YES/NO |
| --- | --- |

Fertile artificially hybrid:

YES/NO

1.4.5.3.   If YES, FAO code and name of the parent species:

1.5.   Source:

1.5.1.   Country:

1.5.2.   Location (name and address of the source):

1.5.3.   Type of source (hatchery/on-growing farm/wild):

1.6.   Receiving aquaculture facility:

1.6.1.   Location (name and address):

1.6.2.   Method of farming: Closed/Open (2) system

1.7.   Number of organisms and life stage (eggs, larvae, juveniles, adults):

1.8.   Purpose (human consumption, farming for further restocking, research, etc.):

1.9.   Number of movements foreseen:

2.   Screening and risk assessment

2.1.   Type of movement:

| Routine introduction or translocation: | YES/NO |
| --- | --- |

Routine introduction or translocation:

YES/NO

| Permit approval: | YES/NO |
| --- | --- |

Permit approval:

YES/NO

| Date of the delivery of the permit: | dd/mm/yyyy |
| --- | --- |

Date of the delivery of the permit:

dd/mm/yyyy

2.1.1.3.   Authority issuing the permit (complete address):

| Duration of the permit: | X years XX months |
| --- | --- |

Duration of the permit:

X years XX months

2.1.1.5.   If subject to conditions:

| Quarantine: | YES/NO |
| --- | --- |

Quarantine:

YES/NO

| Pilot releases: | YES/NO |
| --- | --- |

Pilot releases:

YES/NO

| Non-routine introduction or translocation: | YES/NO |
| --- | --- |

Non-routine introduction or translocation:

YES/NO

2.1.2.1.   Type of risk:

2.1.2.1.1.   Low

2.1.2.1.2.   Medium

2.1.2.1.3.   High

2.1.2.2.   Summary report of the overall environment risk assessment (some lines and a PDF document) also in a second Community language (some lines)

| Permit approval: | YES/NO |
| --- | --- |

Permit approval:

YES/NO

| Date of the delivery of the permit: | dd/mm/yyyy |
| --- | --- |

Date of the delivery of the permit:

dd/mm/yyyy

2.1.2.5.   Authority issuing the permit:

| Duration of the permit: | X years XX months |
| --- | --- |

Duration of the permit:

X years XX months

2.1.2.7.   If subject to conditions:

| Quarantine: | YES/NO |
| --- | --- |

Quarantine:

YES/NO

| Pilot releases: | YES/NO |
| --- | --- |

Pilot releases:

YES/NO

3.   Monitoring

| Duration of monitoring programme: | XX months |
| --- | --- |

Duration of monitoring programme:

XX months

3.2.   Summary of the results of the evaluation of the monitoring programme (some lines and a PDF document) also in a second Community language (some lines)

| Contingency plans applied: | YES/NO |
| --- | --- |

Contingency plans applied:

YES/NO

| Withdrawal of the permit (if applicable): | YES/NO |
| --- | --- |

Withdrawal of the permit (if applicable):

YES/NO

3.4.1.   If YES: Temporarily/permanently

| Date: | dd/mm/yyyy |
| --- | --- |

Date:

dd/mm/yyyy

3.4.3.   Reasons for the withdrawal (some lines) also in a second Community language (some lines):

---

(1)  Applications may be submitted for multiple movements to take place over a period of not longer than seven years (Article 6(1) of Regulation (EC) No 708/2007).

(2)  As defined in Article 3(2) and (3) of Regulation (EC) No 708/2007.

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/10 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/10

---

COMMISSION REGULATION (EC) No 536/2008

of 13 June 2008

giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships (1), and in particular Article 6(3), Article 7, second paragraph, and Article 8 thereof,

Whereas:

| (1) | Regulation (EC) No 782/2003 requires the Commission to adopt a number of measures in order to give effect to that Regulation if the International Convention on the control of harmful anti-fouling systems on ships (hereinafter referred to as the AFS-Convention), adopted on 5 October 2001, has not entered into force by 1 January 2007. |
| --- | --- |

(1)

Regulation (EC) No 782/2003 requires the Commission to adopt a number of measures in order to give effect to that Regulation if the International Convention on the control of harmful anti-fouling systems on ships (hereinafter referred to as the AFS-Convention), adopted on 5 October 2001, has not entered into force by 1 January 2007.

| (2) | The AFS-Convention has not yet entered into force. |
| --- | --- |

(2)

The AFS-Convention has not yet entered into force.

| (3) | It is therefore necessary to adopt measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003, and to provide for port State control. |
| --- | --- |

(3)

It is therefore necessary to adopt measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003, and to provide for port State control.

| (4) | Article 8 of Regulation (EC) No 782/2003 provides that the Regulation may be amended in order to take account of developments at international level and in particular in the International Maritime Organisation (hereinafter referred to as the IMO), or to improve the effectiveness of the Regulation in the light of experience. |
| --- | --- |

(4)

Article 8 of Regulation (EC) No 782/2003 provides that the Regulation may be amended in order to take account of developments at international level and in particular in the International Maritime Organisation (hereinafter referred to as the IMO), or to improve the effectiveness of the Regulation in the light of experience.

| (5) | The IMO Marine Environment Protection Committee (hereinafter referred to as the MEPC), in accordance with Article 1(4)(a) of Annex 4 to the AFS-Convention, adopted Guidelines for Survey and Certification of Anti-Fouling Systems on Ships by means of Resolution MEPC.102(48) on 11 October 2002. |
| --- | --- |

(5)

The IMO Marine Environment Protection Committee (hereinafter referred to as the MEPC), in accordance with Article 1(4)(a) of Annex 4 to the AFS-Convention, adopted Guidelines for Survey and Certification of Anti-Fouling Systems on Ships by means of Resolution MEPC.102(48) on 11 October 2002.

| (6) | The MEPC, in accordance with Article 11(2) of the AFS-Convention, adopted Guidelines for Inspection of Anti-Fouling Systems on Ships by means of Resolution MEPC.105(49) on 18 July 2003. |
| --- | --- |

(6)

The MEPC, in accordance with Article 11(2) of the AFS-Convention, adopted Guidelines for Inspection of Anti-Fouling Systems on Ships by means of Resolution MEPC.105(49) on 18 July 2003.

| (7) | The MEPC, in accordance with Article 11(1) of the AFS-Convention, adopted on Guidelines for Brief Sampling of Anti-Fouling Systems on Ships by means of Resolution MEPC.104(49) on 18 July 2003. |
| --- | --- |

(7)

The MEPC, in accordance with Article 11(1) of the AFS-Convention, adopted on Guidelines for Brief Sampling of Anti-Fouling Systems on Ships by means of Resolution MEPC.104(49) on 18 July 2003.

| (8) | Until the entry into force of the AFS-Convention, it is appropriate to apply its provisions to ships flying the flag of a State which is a Party to the said convention. Similarly, ships flying the flag of a State which is not a Party to the AFS-Convention should not receive a more favourable treatment within the Community. |
| --- | --- |

(8)

Until the entry into force of the AFS-Convention, it is appropriate to apply its provisions to ships flying the flag of a State which is a Party to the said convention. Similarly, ships flying the flag of a State which is not a Party to the AFS-Convention should not receive a more favourable treatment within the Community.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (2), |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (2),

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of this Regulation is to:

| — | establish measures in order to allow ships flying the flag of a third State that enter a port or offshore terminal of a Member State to demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003, |
| --- | --- |

—

establish measures in order to allow ships flying the flag of a third State that enter a port or offshore terminal of a Member State to demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003,

| — | establish procedures for control by the port State within the Community, and |
| --- | --- |

—

establish procedures for control by the port State within the Community, and

| — | amend the references to the AFS-Statement of Compliance in Regulation (EC) No 782/2003 and Annex I to that Regulation. |
| --- | --- |

—

amend the references to the AFS-Statement of Compliance in Regulation (EC) No 782/2003 and Annex I to that Regulation.

Article 2

1.   Ships referred to in Article 3(1)(c) of Regulation (EC) No 782/2003 shall demonstrate their compliance with Article 5 of that Regulation in accordance with paragraphs 2, 3 and 4 of this Article.

2.   During the interim period ships flying the flag of a State which is a Party to the International Convention on the control of harmful anti-fouling systems on ships (hereinafter referred to as the AFS-Convention) shall demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003 by means of a Statement of Compliance in accordance with paragraph 5.4.1 of the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC.102(48) of the Marine Environment Protection Committee of the International Maritime Organisation (hereinafter referred to as the MEPC).

3.   As from the entry into force of the AFS-Convention ships flying the flag of a State which is a Party to the AFS-Convention shall demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003 by means of an International Anti-Fouling System Certificate in accordance with Annex 4 to the AFS-Convention.

4.   Ships flying the flag of a State which is not a Party to the AFS-Convention, shall demonstrate their compliance with Article 5 of Regulation (EC) No 782/2003 by means of a Statement of Compliance delivered by the Administration of the flag State by applying the provisions of Article 10 of the AFS-Convention, in conjunction with Annex 4 thereto and the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC.102(48) of the MEPC. For the purpose of this paragraph the references made in the said Article, Annex and guidelines to the International Anti-Fouling System Certificate shall be construed as references to the Statement of Compliance.

Article 3

1.   During the interim period Member States shall apply control provisions equivalent to those laid down in Council Directive 95/21/EC (3) to ships falling within the scope of Regulation (EC) No 782/2003 in accordance with paragraphs 2 and 3 of this Article.

2.   With regard to the inspections and detection of breaches, and without prejudice to Article 2 of this Regulation, Member States shall apply the provisions of Article 11 of the AFS-Convention and be guided by the guidelines for inspection of anti-fouling systems on ships annexed to Resolution MEPC.105(49) of the MEPC.

3.   Paragraph 1 shall apply to ships referred to in Article 3(1)(c) of Regulation (EC) No 782/2003 from 1 January 2008.

Article 4

In fulfilling their obligations pursuant to Articles 6 and 7 of Regulation (EC) No 782/2003, Member States shall be guided by the guidelines for brief sampling of anti-fouling systems on ships annexed to Resolution MEPC.104(49) of the MEPC.

Article 5

Regulation (EC) No 782/2003 is amended as follows:

| 1. | in Article 2, point 9 is replaced by the following:






  ‘9. | “European AFS-Statement of Compliance” means a document recording compliance with Annex 1 to the AFS-Convention, issued by a recognised organisation on behalf of the administration of a Member State;’; |
| --- | --- | --- |

1.

in Article 2, point 9 is replaced by the following:

‘9.

“European AFS-Statement of Compliance” means a document recording compliance with Annex 1 to the AFS-Convention, issued by a recognised organisation on behalf of the administration of a Member State;’;

| 2. | in Article 6(2), point (b) is replaced by the following:






  ‘(b) | until a year after the date referred to in point (a), Member States shall recognise any European AFS-Statement of Compliance.’; |
| --- | --- | --- |

2.

in Article 6(2), point (b) is replaced by the following:

‘(b)

until a year after the date referred to in point (a), Member States shall recognise any European AFS-Statement of Compliance.’;

| 3. | in Annex I, paragraph 1.4, the reference to Resolution MEPC.101(48) is replaced by a reference to Resolution MEPC.102(48). |
| --- | --- |

3.

in Annex I, paragraph 1.4, the reference to Resolution MEPC.101(48) is replaced by a reference to Resolution MEPC.102(48).

Article 6

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2008.

For the Commission

Antonio TAJANI

Vice-President

---

(1)  
  OJ L 115, 9.5.2003, p. 1.

1

(2)  
  OJ L 324, 29.11.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 93/2007 (OJ L 22, 31.1.2007, p. 12).

2

(3)  
  OJ L 157, 7.7.1995, p. 1.

3

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/12 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/12

---

COMMISSION REGULATION (EC) No 537/2008

of 13 June 2008

establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008. |
| --- | --- |

(1)

Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2008 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2008.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs

---

(1)  
  OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

1

(2)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as last corrected by OJ L 36, 8.2.2007, p. 6.

2

(3)  
  OJ L 19, 23.1.2008, p. 1.

3

---

ANNEX

| No | 08/T&Q |
| --- | --- |
| Member State | PRT |
| Stock | POK/1N2AB. |
| Species | Saithe (Pollachius virens) |
| Area | Norwegian waters of I and II |
| Date | 14.5.2008 |

No

08/T&Q

Member State

PRT

Stock

POK/1N2AB.

Species

Saithe (Pollachius virens)

Area

Norwegian waters of I and II

Date

14.5.2008

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 14.6.2008 | EN | Official Journal of the European Union | L 156/14 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/14

---

COMMISSION DECISION

of 4 June 2008

on a financial contribution from the Community towards emergency measures to combat avian influenza in Germany in 2007

(notified under document number C(2008) 2345)

(Only the German text is authentic)

(2008/441/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3(3) and 3a(1) thereof,

Whereas:

| (1) | Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 3a of that Decision, Member States may obtain a Community financial contribution towards the costs of certain measures to eradicate avian influenza. |
| --- | --- |

(1)

Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 3a of that Decision, Member States may obtain a Community financial contribution towards the costs of certain measures to eradicate avian influenza.

| (2) | Article 3a(3) of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by Member States that may be covered by the Community’s financial contribution. |
| --- | --- |

(2)

Article 3a(3) of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by Member States that may be covered by the Community’s financial contribution.

| (3) | Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2), following the amendment of Decision 90/424/EEC by Council Decision 2006/53/EC (3), no longer covers avian influenza. It is therefore necessary to expressly provide in the present Decision that the granting of a Community financial contribution to Germany is subject to compliance with certain rules laid down in that Regulation. |
| --- | --- |

(3)

Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2), following the amendment of Decision 90/424/EEC by Council Decision 2006/53/EC (3), no longer covers avian influenza. It is therefore necessary to expressly provide in the present Decision that the granting of a Community financial contribution to Germany is subject to compliance with certain rules laid down in that Regulation.

| (4) | Outbreaks of avian influenza occurred in Germany in 2007. The emergence of that disease represents a serious risk to the Community’s livestock population. Germany took the measures, as referred to in Article 3a(2) of Decision 90/424/EEC, to combat those outbreaks. |
| --- | --- |

(4)

Outbreaks of avian influenza occurred in Germany in 2007. The emergence of that disease represents a serious risk to the Community’s livestock population. Germany took the measures, as referred to in Article 3a(2) of Decision 90/424/EEC, to combat those outbreaks.

| (5) | Germany has fully complied with its technical and administrative obligations as set out in Articles 3(3) and 3a(2) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005. |
| --- | --- |

(5)

Germany has fully complied with its technical and administrative obligations as set out in Articles 3(3) and 3a(2) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.

| (6) | Germany submitted to the Commission information on the costs incurred on 30 August 2007, and has continued to provide all necessary information on costs of compensation and operational expenditure. |
| --- | --- |

(6)

Germany submitted to the Commission information on the costs incurred on 30 August 2007, and has continued to provide all necessary information on costs of compensation and operational expenditure.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Financial contribution from the Community to Germany

1.   A financial contribution from the Community may be granted to Germany towards the costs incurred by that Member State in taking the measures referred to in Article 3a(2) of Decision 90/424/EEC, to combat avian influenza in 2007.

2.   For the purposes of this Decision, Articles 2 to 5 and Article 7 and Article 9(2), (3) and (4) and Article 10 of Regulation (EC) No 349/2005 shall apply mutatis mutandis.

Article 2

Payment arrangements

A first tranche of EUR 320 000 shall be paid as part of the Community financial contribution provided for in Article 1.

Article 3

Addressee

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 4 June 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ L 55, 1.3.2005, p. 12.

2

(3)  
  OJ L 29, 2.2.2006, p. 37.

3

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/16 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/16

---

COMMISSION DECISION

of 5 June 2008

on a financial contribution from the Community towards measures to combat foot-and-mouth disease in the United Kingdom in 2007

(notified under document number C(2008) 2348)

(Only the English text is authentic)

(2008/442/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3(3) and 11(4) thereof,

Whereas:

| (1) | Outbreaks of foot-and-mouth disease occurred in the United Kingdom in 2007. The emergence of that disease represents a serious risk to the Community’s livestock population. |
| --- | --- |

(1)

Outbreaks of foot-and-mouth disease occurred in the United Kingdom in 2007. The emergence of that disease represents a serious risk to the Community’s livestock population.

| (2) | In order to prevent the spread of the disease and to help eradicate it as quickly as possible, the Community should contribute financially towards the eligible expenditure incurred by the Member State under the measures taken to combat the disease, as provided for in Decision 90/424/EEC. |
| --- | --- |

(2)

In order to prevent the spread of the disease and to help eradicate it as quickly as possible, the Community should contribute financially towards the eligible expenditure incurred by the Member State under the measures taken to combat the disease, as provided for in Decision 90/424/EEC.

| (3) | Payment of Community financial support towards measures to combat foot-and-mouth disease is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2). |
| --- | --- |

(3)

Payment of Community financial support towards measures to combat foot-and-mouth disease is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2).

| (4) | On 2 October 2007, the United Kingdom submitted a final rough estimate of the costs incurred in taking measures to eradicate the disease. |
| --- | --- |

(4)

On 2 October 2007, the United Kingdom submitted a final rough estimate of the costs incurred in taking measures to eradicate the disease.

| (5) | The British authorities have fully complied with their technical and administrative obligations as set out in Article 11(2) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005. |
| --- | --- |

(5)

The British authorities have fully complied with their technical and administrative obligations as set out in Article 11(2) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.

| (6) | The payment of the Community financial contribution must be subject to the condition that the planned activities were actually implemented and the authorities provide all necessary information within the set deadlines. |
| --- | --- |

(6)

The payment of the Community financial contribution must be subject to the condition that the planned activities were actually implemented and the authorities provide all necessary information within the set deadlines.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Financial contribution from the Community

1.   A financial contribution from the Community may be granted to the United Kingdom towards the costs incurred by that Member State in taking the measures referred to in Article 11(4) under (a)(i) to (iv) and (b) of Decision 90/424/EEC to combat foot-and-mouth disease in 2007.

2.   The financial contribution from the Community shall be 60 % of the expenditure eligible for Community funding as referred to in paragraph 1. It shall be paid under the conditions provided for in Regulation (EC) No 349/2005.

Article 2

Payment arrangements

A first tranche of EUR 270 000 shall be paid as part of the Community financial contribution provided for in Article 1.

Article 3

Addressee

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 5 June 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ L 55, 1.3.2005, p. 12.

2

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/17 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/17

---

COMMISSION DECISION

of 5 June 2008

on a financial contribution from the Community towards emergency measures to combat avian influenza in the Czech Republic in 2007

(notified under document number C(2008) 2350)

(Only the Czech text is authentic)

(2008/443/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3(3) and 3a(1) thereof,

Whereas:

| (1) | Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 3a of that Decision, Member States may obtain a financial contribution towards costs of certain measures to eradicate avian influenza. |
| --- | --- |

(1)

Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 3a of that Decision, Member States may obtain a financial contribution towards costs of certain measures to eradicate avian influenza.

| (2) | Article 3a(3) of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by Member States that may be covered by the Community's financial contribution. |
| --- | --- |

(2)

Article 3a(3) of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by Member States that may be covered by the Community's financial contribution.

| (3) | Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2), following the amendment of Decision 90/424/EEC by Council Decision 2006/53/EC (3), no longer covers avian influenza. It is therefore necessary to expressly provide in the present Decision that the granting of a Community financial contribution to the Czech Republic is subject to compliance with certain rules laid down in that Regulation. |
| --- | --- |

(3)

Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2), following the amendment of Decision 90/424/EEC by Council Decision 2006/53/EC (3), no longer covers avian influenza. It is therefore necessary to expressly provide in the present Decision that the granting of a Community financial contribution to the Czech Republic is subject to compliance with certain rules laid down in that Regulation.

| (4) | Outbreaks of avian influenza occurred in the Czech Republic in 2007. The emergence of that disease represents a serious risk to the Community’s livestock population. The Czech Republic took the measures, as referred to in Article 3a(2) of Decision 90/424/EEC, to combat those outbreaks. |
| --- | --- |

(4)

Outbreaks of avian influenza occurred in the Czech Republic in 2007. The emergence of that disease represents a serious risk to the Community’s livestock population. The Czech Republic took the measures, as referred to in Article 3a(2) of Decision 90/424/EEC, to combat those outbreaks.

| (5) | The Czech Republic has fully complied with its technical and administrative obligations as set out in Articles 3(3) and 3a(2) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005. |
| --- | --- |

(5)

The Czech Republic has fully complied with its technical and administrative obligations as set out in Articles 3(3) and 3a(2) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.

| (6) | The Czech Republic submitted to the Commission information on the costs incurred on 27 July 2007, and has continued to provide all necessary information on costs of compensation and operational expenditure. |
| --- | --- |

(6)

The Czech Republic submitted to the Commission information on the costs incurred on 27 July 2007, and has continued to provide all necessary information on costs of compensation and operational expenditure.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Financial contribution from the Community to the Czech Republic

1.   A financial contribution from the Community may be granted to The Czech Republic towards the costs incurred by that Member State in taking the measures referred to in Article 3a(2) of Decision 90/424/EEC to combat avian influenza in 2007.

2.   For the purposes of this Decision, Articles 2 to 5 and Articles 7 and 8 and Article 9(2), (3) and (4) and Article 10 of Regulation (EC) No 349/2005 shall apply mutatis mutandis.

Article 2

Addressee

This Decision is addressed to the Czech Republic.

Done at Brussels, 5 June 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ L 55, 1.3.2005, p. 12.

2

(3)  
  OJ L 29, 2.2.2006, p. 37.

3

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/18 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/18

---

COMMISSION DECISION

of 5 June 2008

on a financial contribution from the Community towards emergency measures to combat bluetongue in Germany in 2007

(notified under document number C(2008) 2363)

(Only the German text is authentic)

(2008/444/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1) and in particular Article 9(2),

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (2), and in particular Article 3(3) and Article 3(5) thereof,

Whereas:

| (1) | Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. With a view to helping to eradicate bluetongue as rapidly as possible, Member States shall obtain a financial contribution towards the costs of certain measures to combat outbreaks of bluetongue. |
| --- | --- |

(1)

Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. With a view to helping to eradicate bluetongue as rapidly as possible, Member States shall obtain a financial contribution towards the costs of certain measures to combat outbreaks of bluetongue.

| (2) | Article 3(5) of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by the Member State that may be covered by the Community's financial contribution. |
| --- | --- |

(2)

Article 3(5) of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by the Member State that may be covered by the Community's financial contribution.

| (3) | The payment of a Community financial contribution towards emergency measures to combat bluetongue is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (3). That Regulation applies to Community financial contributions granted to Member States in respect of eligible expenditure as defined therein for certain disease eradication measures in the situations referred to in Article 3(1) of Decision 90/424/EEC. |
| --- | --- |

(3)

The payment of a Community financial contribution towards emergency measures to combat bluetongue is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (3). That Regulation applies to Community financial contributions granted to Member States in respect of eligible expenditure as defined therein for certain disease eradication measures in the situations referred to in Article 3(1) of Decision 90/424/EEC.

| (4) | An outbreak of bluetongue occurred in Germany in 2007. The emergence of that disease represents a serious risk to the Community's livestock population. |
| --- | --- |

(4)

An outbreak of bluetongue occurred in Germany in 2007. The emergence of that disease represents a serious risk to the Community's livestock population.

| (5) | Accordingly, Germany took the necessary emergency measures in order to avoid the spread of bluetongue. |
| --- | --- |

(5)

Accordingly, Germany took the necessary emergency measures in order to avoid the spread of bluetongue.

| (6) | On 28 November 2007, Germany provided the financial information required prior to the granting of Community financial support in accordance with Article 6 of Regulation (EC) No 349/2005. |
| --- | --- |

(6)

On 28 November 2007, Germany provided the financial information required prior to the granting of Community financial support in accordance with Article 6 of Regulation (EC) No 349/2005.

| (7) | Germany has fully complied with its technical and administrative obligations as set out in Article 3 of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005. |
| --- | --- |

(7)

Germany has fully complied with its technical and administrative obligations as set out in Article 3 of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Financial contribution from the Community to Germany

A financial contribution from the Community may be granted to Germany towards the costs incurred by that Member State in taking the measures referred to in Article 3(2) of Decision 90/424/EEC to combat bluetongue in 2007.

Article 2

Payment arrangements

A first tranche of EUR 950 000 shall be paid as part of the Community financial contribution provided for in Article 1.

Article 3

Addressee

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 5 June 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 327, 22.12.2000, p. 74. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

1

(2)  
  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

2

(3)  
  OJ L 55, 1.3.2005, p. 12.

3

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/20 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/20

---

COMMISSION DECISION

of 11 June 2008

fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing year in the framework of the temporary scheme for the restructuring of the sugar industry of the Community

(notified under document number C(2008) 2557)

(Only the Spanish, Czech, Greek, French, English, Italian, Latvian, Hungarian, Dutch, Portuguese, Slovak, Slovenian, Finnish and Swedish texts are authentic)

(2008/445/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (1),

Having regard to Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (2), and in particular Article 16a(1) thereof,

Whereas:

| (1) | Article 3(8) of Regulation (EC) No 320/2006 provides for the payment of a retroactive increase of the amounts paid under the temporary restructuring scheme to certain undertakings and growers. Article 16a of Regulation (EC) No 968/2006 lays down the details concerning the calculation of that increase. According to the third subparagraph of paragraph 1 of that provision, the Commission has to fix the amounts per Member State concerned in view of putting the Member States in a position to make these payments to the beneficiaries in June 2008. |
| --- | --- |

(1)

Article 3(8) of Regulation (EC) No 320/2006 provides for the payment of a retroactive increase of the amounts paid under the temporary restructuring scheme to certain undertakings and growers. Article 16a of Regulation (EC) No 968/2006 lays down the details concerning the calculation of that increase. According to the third subparagraph of paragraph 1 of that provision, the Commission has to fix the amounts per Member State concerned in view of putting the Member States in a position to make these payments to the beneficiaries in June 2008.

| (2) | The retroactive payments concerns the amounts which make up the positive difference between the aid granted to undertakings and growers in the 2006/07 and 2007/08 marketing years and the aid which would have been granted under the conditions valid for the 2008/09 marketing year. |
| --- | --- |

(2)

The retroactive payments concerns the amounts which make up the positive difference between the aid granted to undertakings and growers in the 2006/07 and 2007/08 marketing years and the aid which would have been granted under the conditions valid for the 2008/09 marketing year.

| (3) | The amounts fixed for France and Belgium take into account the cross-borders deliveries of chicory and the payment, by the French authorities, of the French growers having supplied the Belgian inulin syrup producers as well as the payment, by the Belgian authorities, of the Belgian growers having supplied the French inulin syrup producer, |
| --- | --- |

(3)

The amounts fixed for France and Belgium take into account the cross-borders deliveries of chicory and the payment, by the French authorities, of the French growers having supplied the Belgian inulin syrup producers as well as the payment, by the Belgian authorities, of the Belgian growers having supplied the French inulin syrup producer,

HAS ADOPTED THIS DECISION:

Article 1

The amounts to be fixed per Member State concerned in accordance with the third subparagraph of Article 16a(1) of Regulation (EC) No 968/2006 shall be as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Czech Republic, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Hungary, the Kingdom of the Netherlands, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.

Done at Brussels, 11 June 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 58, 28.2.2006, p. 42. Regulation as last amended by Regulation (EC) No 1261/2007 (OJ L 283, 27.10.2007, p. 8).

1

(2)  
  OJ L 176, 30.6.2006, p. 32. Regulation as amended by Regulation (EC) No 1264/2007 (OJ L 283, 27.10.2007, p. 16).

2

---

ANNEX

Amounts per Member State for the retroactive restructuring aid for growers and undertakings having restructured in the 2006/2007 and 2007/2008 marketing year

| (in EUR) |
| --- |
| Member State | Amount |
| Belgium | 35 884 374,90 |
| Czech Republic | 13 577 645,07 |
| Ireland | 41 334 494,40 |
| Greece | 30 378 440,00 |
| Spain | 23 481 854,41 |
| France | 11 213 211,52 |
| Italy | 182 416 677,67 |
| Latvia | 10 241 770,00 |
| Hungary | 14 322 322,50 |
| Netherlands | 16 642 510,50 |
| Portugal | 12 149 844,94 |
| Slovenia | 12 024 871,00 |
| Slovakia | 10 800 482,00 |
| Finland | 9 865 703,30 |
| Sweden | 8 884 817,50 |

(in EUR)

Member State

Amount

Belgium

35 884 374,90

Czech Republic

13 577 645,07

Ireland

41 334 494,40

Greece

30 378 440,00

Spain

23 481 854,41

France

11 213 211,52

Italy

182 416 677,67

Latvia

10 241 770,00

Hungary

14 322 322,50

Netherlands

16 642 510,50

Portugal

12 149 844,94

Slovenia

12 024 871,00

Slovakia

10 800 482,00

Finland

9 865 703,30

Sweden

8 884 817,50

---

RECOMMENDATIONS

Commission

| 14.6.2008 | EN | Official Journal of the European Union | L 156/22 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/22

---

COMMISSION RECOMMENDATION

of 29 May 2008

on risk reduction measures for the substances: cadmium, cadmium oxide

(notified under document number C(2008) 2243)

(Text with EEA relevance)

(2008/446/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community;

Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,

Whereas:

| (1) | In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulation (EC) No 143/97 (2) of 27 January 1997 concerning the third list of priority substances as foreseen under Council Regulation (EEC) No 793/93;






  — | cadmium, |
| --- | --- | --- |

(1)

In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulation (EC) No 143/97 (2) of 27 January 1997 concerning the third list of priority substances as foreseen under Council Regulation (EEC) No 793/93;

—

cadmium,

| — | cadmium oxide. |
| --- | --- |

—

cadmium oxide.

The Member State designated as rapporteur pursuant to Regulations (EEC) No 793/93 and (EC) No 143/97 have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (3) and have suggested a strategy for limiting the risks.

| (2) | The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) has been consulted and has issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committee. |
| --- | --- |

(2)

The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) has been consulted and has issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committee.

| (3) | The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (4). |
| --- | --- |

(3)

The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (4).

| (4) | It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances. |
| --- | --- |

(4)

It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances.

| (5) | The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed. |
| --- | --- |

(5)

The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed.

| (6) | The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93, |
| --- | --- |

(6)

The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

HEREBY RECOMMENDS:

SECTION 1

CADMIUM

(CAS No 7440-43-9; Einecs No 231-152-8)

Risk reduction measures for workers (1) and the environment (2, 3 and 4)

| 1. | That employers using cadmium for the uses identified as a concern in the risk assessment should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, as provided for in Article 12(2) of Council Directive 98/24/EC (5). |
| --- | --- |

1.

| 2. | In accordance with Directive 2008/1/EC of the European Parliament and of the Council (6), Competent authorities in the Member States concerned should lay down conditions, emission limit values or equivalent parameters or technical measures regarding cadmium in the permits issued under Directive 2008/1/EC in order for installations to operate according to the best available techniques (hereinafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. |
| --- | --- |

2.

| 3. | Local emissions to the environment should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. |
| --- | --- |

3.

| 4. | All the information available including future data on soft water should be taken into account when setting Environmental Quality Standards (hereinafter EQS) within the framework of Directive 2000/60/EC of the European Parliament and of the Council (7). |
| --- | --- |

4.

SECTION 2

CADMIUM OXIDE

(CAS No 1306-19-0; Einecs No 215-146-2)

Risk reduction measures for workers (5) and the environment (6, 7 and 8)

| 5. | That employers using cadmium oxide for the uses identified as a concern in the risk assessment should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, as provided for in Article 12(2) of Council Directive 98/24/EC. |
| --- | --- |

5.

| 6. | In accordance with Directive 2008/1/EC, competent authorities in the Member States concerned should lay down conditions, emission limit values or equivalent parameters or technical measures regarding cadmium in the permits issued under Directive 2008/1/EC in order for installations to operate according to BAT taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. |
| --- | --- |

6.

| 7. | Local emissions to the environment should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. |
| --- | --- |

7.

| 8. | All the information available including future data on soft water should be taken into account when setting EQS within the framework of directive 2000/60/EC. |
| --- | --- |

8.

SECTION 3

ADDRESSEES

| 9. | This Recommendation is addressed to all sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the substances and to the Member States. |
| --- | --- |

9.

Done at Brussels, 29 May 2008.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  
  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

1

(2)  
  OJ L 25, 28.1.1997, p. 13.

2

(3)  
  OJ L 161, 29.6.1994, p. 3.

3

(4)  
  OJ C 149, 14.6.2008, p. 6.

4

(5)  
  OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).

5

(6)  
  OJ L 24, 29.1.2008, p. 8.

6

(7)  
  OJ L 327, 22.12.2000, p. 1. Directive as last amended by Directive 2008/32/EC (OJ L 81, 20.3.2008, p. 60).

7

---

| 14.6.2008 | EN | Official Journal of the European Union | L 156/24 |
| --- | --- | --- | --- |

14.6.2008

EN

Official Journal of the European Union

L 156/24

---

COMMISSION RECOMMENDATION

of 30 May 2008

on risk reduction measures for the substances: benzyl butyl phthalate (BBP), 2-furaldehyde (furfural), perboric acid, sodium salt

(notified under document number C(2008) 2328)

(Text with EEA relevance)

(2008/447/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,

Whereas:

| (1) | In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 2268/95 (2) and (EC) No 143/97 (3) respectively concerning the second and third list of priority substances as foreseen under Council Regulation (EEC) No 793/93:






  — | benzyl butyl phthalate (BBP), |
| --- | --- | --- |

(1)

In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 2268/95 (2) and (EC) No 143/97 (3) respectively concerning the second and third list of priority substances as foreseen under Council Regulation (EEC) No 793/93:

—

benzyl butyl phthalate (BBP),

| — | 2-furaldehyde (furfural), |
| --- | --- |

—

2-furaldehyde (furfural),

| — | perboric acid, sodium salt. |
| --- | --- |

—

perboric acid, sodium salt.

The rapporteur Member States designated pursuant to those Regulations have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (4) and have suggested a strategy for limiting the risks.

| (2) | The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committees. |
| --- | --- |

(2)

The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committees.

| (3) | The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (5). |
| --- | --- |

(3)

The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (5).

| (4) | It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances. |
| --- | --- |

(4)

It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances.

| (5) | The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed. |
| --- | --- |

(5)

The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed.

| (6) | The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93, |
| --- | --- |

(6)

The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

HEREBY RECOMMENDS:

SECTION 1

BENZYL BUTYL PHTHALATE (BBP)

(CAS No 85-68-7; Einecs No 201-622-7)

Risk reduction measures for the environment (1 and 2)

| 1. | Local emissions to the environment of BBP should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. |
| --- | --- |

1.

| 2. | For river basins where emissions of BBP may cause a risk, the relevant Member State(s) establish Environmental Quality Standards (EQS) and the national pollution reduction measures to achieve those EQS in 2015 shall be included in the river basin management plans in line with the provisions of Directive 2000/60/EC of the European Parliament and of the Council (6) (Water Framework Directive). |
| --- | --- |

2.

SECTION 2

2-FURALDEHYDE (FURFURAL)

(CAS No 98-01-1; Einecs No 202-627-7)

Risk reduction measures for the environment (3, 4, 5 and 6)

| 3. | The risk assessment has identified other sources of furfural emissions (e.g. major contamination from the sulfite pulping processes used in pulp and paper industry), than those from the produced or imported chemical. The need to consider if additional risk management is needed can best be considered under Directive 2008/1/EC of the European Parliament and of the Council (7) and Directive 2000/60/EC, using the information in the comprehensive risk assessment report. |
| --- | --- |

3.

| 4. | Competent authorities in the Member States concerned should lay down, in the permits issued under Council Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding furfural in order to operate according to the Best Available Techniques (hereinafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. |
| --- | --- |

4.

| 5. | Member States should carefully monitor the implementation of BAT regarding furfural and report any important developments to the Commission in the framework of the exchange of information on BAT. |
| --- | --- |

5.

| 6. | Local emissions to the environment of furfural should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. |
| --- | --- |

6.

SECTION 3

PERBORIC ACID, SODIUM SALT

(CAS No 11138-47-9; Einecs No 234-390-0)

Risk reduction measures for workers (7)

| 7. | Employers using sodium perborates should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, available from the Commission as provided for in Article 12(2) of Council Directive 98/24/EC (8). |
| --- | --- |

7.

SECTION 4

ADDRESSEES

| 8. | This Recommendation is addressed to all sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the substances and to the Member States. |
| --- | --- |

8.

Done at Brussels, 30 May 2008.

For the Commission

Stavros DIMAS

Member of the Commission

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(1)  
  OJ L 84, 5.4.1993, p. 1.

1

(2)  
  OJ L 231, 28.9.1995, p. 18.

2

(3)  
  OJ L 25, 28.1.1997, p. 13.

3

(4)  
  OJ L 161, 29.6.1994, p. 3.

4

(5)  
  OJ C 149, 14.6.2008, p. 14.

5

(6)  
  OJ L 327, 22.12.2000, p. 1. Directive as amended by Directive 2008/32/EC (OJ L 81, 20.3.2008, p. 60).

6

(7)  
  OJ L 24, 29.1.2008, p. 8.

7

(8)  
  OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).

8

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